Inmate Misconduct

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INMATE MISCONDUCT

29. (1) An inmate commits a misconduct if the inmate,
(a)	wilfully disobeys a lawful order of an officer;
(b)	commits or threatens to commit an assault upon another person;
(c)	makes a gross insult, by gesture, use of abusive language, or other act, directed at any person;
(d)	takes or converts to the inmate's own use or to the use of another person any property without the consent of the rightful owner of the property;
(e)	damages any property that is not owned by the inmate;
(f)	has contraband in his or her possession or attempts to or participates in an attempt to bring contraband in or take contraband out of the institution;
(g)	creates or incites a disturbance likely to endanger the security of the institution;
(h)	escapes, attempts to escape or is unlawfully at large from an institution;
(i)	leaves a cell, place of work or other appointed place without proper authority;
(j)	gives or offers a bribe or reward to an employee of the institution;
(k)	counsels, aids or abets another inmate to do an act in contravention of the Act and regulations;
(l)	refuses to pay a fee or charge that the inmate is required to pay under the Act or regulations;
(m)	obstructs an investigation conducted or authorized by the Superintendent;
(n)	wilfully breaches or attempts to breach any other regulation or a written rule, of which the inmate has received notice, governing the conduct of inmates; or
(o)	wilfully breaches or attempts to breach any term or condition of a temporary absence. R.R.O. 1990, Reg. 778, s. 29 (1).
(2) An inmate shall be deemed to have received notice of a regulation or rule governing the conduct of inmates when the regulation or rule is included in the handbook provided to the inmate or posted in a conspicuous place in the institution. R.R.O. 1990, Reg. 778, s. 29 (2).
(3) No inmate shall be disciplined for any breach of the written rules governing the conduct of inmates except by the Superintendent. R.R.O. 1990, Reg. 778, s. 29 (3).

30. Revoked: O. Reg. 320/02, s. 1.

31. (1) Where an inmate is alleged to have committed a misconduct, the Superintendent shall decide, as soon as possible, whether or not the inmate committed the misconduct. R.R.O. 1990, Reg. 778, s. 31 (1).
(2) Before making a decision under subsection (1), the Superintendent shall ensure that the inmate is notified of the allegation and is given an opportunity for an interview, which shall be held not later than ten days after the day on which the alleged offence became known to the Superintendent, to discuss the allegation with the Superintendent. R.R.O. 1990, Reg. 778, s. 31 (2).
(3) At the interview with the Superintendent, the inmate is entitled to present arguments and explanations to dispute the allegation and to question the person or persons making the allegation as well as any other witnesses to the incident. R.R.O. 1990, Reg. 778, s. 31 (3).
(4) The Superintendent may permit any person, including an interpreter, to attend the interview and assist in any manner that the Superintendent considers appropriate. R.R.O. 1990, Reg. 778, s. 31 (4).
(5) The Superintendent may, during an interview held under subsection (2), adjourn the interview, but no such adjournment shall be for more than three clear days, except with the consent of the inmate. R.R.O. 1990, Reg. 778, s. 31 (5).
(6) The Superintendent shall inform the inmate within two days after the day of the interview concerning the Superintendent's decision, the reasons for the decision and the penalty imposed, if any. R.R.O. 1990, Reg. 778, s. 31 (6).
(7) Where the inmate does not notify the Superintendent within one day of receiving notification of the allegation under subsection (2) that the inmate wishes an interview with the Superintendent, the Superintendent may decide the matter and shall inform the inmate of the decision, the reasons for the decision and the penalty imposed, if any. R.R.O. 1990, Reg. 778, s. 31 (7).
(8) After making the decision under subsection (6) or (7), the Superintendent shall make a record of the case noting the nature of the allegation, the arguments and explanations presented by the inmate, if any, and the decision, reasons and penalty imposed by the Superintendent in the case. R.R.O. 1990, Reg. 778, s. 31 (8).
(9) Where an inmate who is alleged to have committed a misconduct is absent from the institution, a reasonable attempt to notify the inmate shall constitute sufficient notice for the purpose of this section. R.R.O. 1990, Reg. 778, s. 31 (9).

32. (1) Where the Superintendent determines that an inmate has committed a misconduct, the Superintendent may impose one or more of the following penalties:
	1. Loss of all or some privileges for a period not greater than 120 days including the privilege of purchasing items from the institutional canteen.
	2. A change of program or work activity.
	3. A change of security status.
	4. A reprimand.
	5. Revocation of a temporary absence permit. R.R.O. 1990, Reg. 778, s. 32 (1); O. Reg. 364/97, s. 3 (1).
(2) Where the Superintendent determines that an inmate has committed a misconduct of a serious nature, the Superintendent may impose, in addition to any of the penalties imposed in subsection (1), one of the following penalties:
	1. Close confinement for a definite period not greater than thirty days on a regular diet.
	2. Close confinement for an indefinite period not greater than thirty days on a regular diet.
	3. Close confinement for an indefinite period not greater than ten days on a special diet that fulfils basic nutritional requirements.
	4. Forfeiture of a portion or all of the remission that stands to the inmate's credit but no such forfeiture shall exceed fifteen days without the Minister's approval.
	5. Subject to the approval of the Minister, suspension of the eligibility of an inmate to earn remission for a period of two months.
	6. Forfeiture of a portion or all of the credits accumulated before October 1, 1997 and remaining in the inmate's canteen allowance account, up to a maximum amount of $100, as compensation payable for damage to or destruction of property. R.R.O. 1990, Reg. 778, s. 32 (2); O. Reg. 364/97, s. 3 (2).

33. (1) The Minister, when requested by an inmate, may review a decision of the Superintendent where,
(a)	the inmate alleges that the Superintendent did not make the decision in accordance with the procedures set out in this Regulation; or
(b)	the inmate has been disciplined by having a portion or the whole of his or her remission forfeited or by receiving a suspension from eligibility to earn remission. R.R.O. 1990, Reg. 778, s. 33 (1).
(2) The Superintendent, upon being notified of the Minister's review, shall immediately provide the Minister with a copy of his or her record of the inmate's case. R.R.O. 1990, Reg. 778, s. 33 (2).
(3) Upon completion of the review, the Minister may confirm or vary the decision of the Superintendent or direct the Superintendent to reconsider the case, and the Minister shall forthwith notify the inmate and the Superintendent of the decision and the reasons therefor. R.R.O. 1990, Reg. 778, s. 33 (3).
(4) The decision of the Minister is final. R.R.O. 1990, Reg. 778, s. 33 (4).
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